- (1.) This appeal is directed against a judgment and order dated Feb. 20, 1979 by A.N. Sen, J. (as his Lordship then was). By the said judgment and order his Lordship was pleased to set aside part of the impugned award but held the rest of the award to be valid. The award was given by the respondent Tribunal on an Industrial Disputes referred to it namely "(1) Whether the retrenchment of the workmen named in the list attached is justified (2) What relief, if any, are they entitled to - The order of reference was made by the respondent State of West Bengal on 24-7-71 under the following circumstances :
(2.) Messrs. Gladstone Lyall & Co. Ltd. carries on business as Shipping Agent, Travelling Agent, Loyds Insurance Agent and has a File Glass Fishing Trawler Project at Mangalore. Prior to Nov. 1970, the Company had also other manufacturing and trading activities and owned roofing felts and other allied products factory at 59, Kali Charan Ghosh Road, Sinthi Calcutta and Silver town Factory at 29, Howrah Road, Salkia. As the Company was suffering heavy financial loss, the Company had to close down the said factories roofing application establishments and godown and discontinued the Pestology section. The balance sheet of the company for the year ending 31st Dec. 1970, showed the total accumulated loss of the Company to the extent of Rs. 55,34,786/-. After the closing down of the manufacturing unit the Company by notice D/- 21-11-70, terminated the services of all the workmen working in the said closed undertakings and had to retrench 82 persons including clerks, typists, computists and other sub-staff, that is Durwans and bearers working in the said head office who became surplus due to the closing down of the said undertakings. The Company also informed the Government autherities and submitted duly the 'P' Form and a copy of the said 'P' Form has been included in Annexure 'A' to the petition at pages 21-22. In the said 'P' Form, in stating the reasons for retrenchment as required in item No. 4 of the said form, the Company has stated : "Certain establishments were closed as per copy of notice dated 21st Nov. 1970, on account of incurring heavy losses for running such establishments now closed. In view of the above closure some of the clerical staff, subordinate staff and drivers became surplus. The Pestology Section (D.D.T.) servicing has also been discontinued."
(3.) Item No. 6 of the said 'P' Form mentions the department or section where retrenchment is necessary, and the said item has been answered in the manner following : "Pestology Section (D.D.T. servicing) : Clerical Staff Head Office excluding shipping, Insurance Clearing and forwarding, and Travel, Sub-Staff Drivers at Head Office." In answer to Item No. 9 in the form which mentions "Principles that have been followed in selecting workers come first go (sic) excepting a few cases on grounds of special reasons.";